There is no requirement under the Tamil Nadu Private Colleges (Regulation) Act and the rules to seek prior permission to fill up any vacant post in aided college, when the post has already been sanctioned for the academic year by the Director of Collegiate Education, the Madras High Court has held.

The court has also said that if the appointment by the college committee in the sanctioned vacant post was in violation of any statutory provision, it was open to the Regional Joint Director of Collegiate Education to deny grant-in-aid to the person appointed in the vacant post. While filling up the vacant post, the college committee should follow the rules. A Division Bench comprising Justices N.Paul Vasanthakumar and M.M.Sundresh passed the judgment on an appeal by one P.Ravichandran against an order of a single Judge in 2009.

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